Tag Archives: Judge James R. Spencer

The Richmond U.S. District Court allows trademark claims under New York law to proceed in an action transferred to Virginia and allows defendant wine promoters 23 additional discovery depositions; the court strikes as untimely plaintiff’s opposition to defendants’ motion to ...

The Richmond U.S. District Court denies lenders’ motion to dismiss borrower’s complaint alleging breach of contract, equitable estoppel and constructive fraud in connection with the foreclosure sale of his home; the court says borrower stated a claim as to breach ...

A plaintiff who wanted to send an incarcerated friend a spoken-word CD of Dylan Thomas reading poetry, but who could not comply with the prison’s “publisher-only” policy for shipping such materials because the prison’s contract supplier did not carry the ...

The Richmond U.S. District Court dismissed wife’s counterclaim for interpleaded life insurance proceeds; all three counts related to the same interpleaded funds and allowing her counterclaim would defeat the purpose of the interpleader action to determine her claim and the ...

After dismissing a claim for anticipatory breach of a lease agreement enforceable in Virginia, the Richmond U.S. District Court rules the remaining claims involving a consulting agreement must be transferred to Jackson, Missouri under a mandatory forum selection provision. In ...

The Richmond U.S. District Court denied defendant’s motion in limine seeking to exclude the testimony of a palm print expert and police dog handler connecting defendant, a felon, to a gun found in a hedge; the expert testimony meets the ...

The Richmond U.S. District Court dismisses the Fair Credit Reporting Act (FCRA) claim of a staffing agency employee who lost her job placement with Capital One after an FBI report disclosed prior felony arrest charges for breaking and entering and ...

A Richmond U.S. District Court will stay this patent lawsuit pending reexamination by the U.S. Patent and Trade Office of the patents-in-suit. Plaintiff JuxtaComm is the exclusive licensee of U.S. Patent No. 6,195,662. The ‘662 patent was issued in February ...

A Richmond U.S. District Court refuses to dismiss a homeowner’s suit alleging defendant law firm, appointed as a substitute trustee to foreclose on plaintiff’s home, violated the Fair Debt Collection Practices Act by communicating with him when he had a ...

A police officer’s use of pepper spray to subdue a young woman who said she would not appear in court on a traffic summons and who swung at the officers during their encounter in a convenience store parking lot, was ...